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TN OF HENRIETTA v. EN CON

76 A.D.2d 215 (1980)

In the Matter of The Town of Henrietta et al., Petitioners, v. Department of Environmental Conservation of the State of New York et al., Respondents. South Town Plaza, Inc., Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 10, 1980

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (J. Montieth Estes of counsel), for Miracle Mile Associates, petitioner.

Erwin N. Witt for Town of Henrietta, petitioner.

Robert Abrams, Attorney-General (Peter G. Crary, William J. Kogan and James A. Sevinsky of counsel), for respondents.

Richard Mayberry for intervenor-respondent.

CARDAMONE, J. P., SIMONS, DOERR and MOULE, JJ., concur.

CALLAHAN, J.

In this CPLR article 78 proceeding, transferred to this court by order of Supreme Court, Monroe County, pursuant to CPLR 7804 (subd [g]), petitioners Miracle Mile Associates and the Town of Henrietta seek to vacate certain conditions imposed upon permits granted by respondent Department of Environmental Conservation.

Petitioner Miracle Mile Associates, developer of a regional shopping center...

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